A. Overview: Key Concepts and Definitions

The standards of conduct cited in the community expectations
pertain to all students attending Marquette
University. Students who are found responsible for violating
these standards will receive one or more of the disciplinary
actions noted above. To determine if a student is
responsible for a conduct violation, the student conduct
procedures described below will be followed.

In most cases an incident report will be filed by a Marquette University Police Department officer, another university staff member or a student.
After an incident report is filed, it will be referred
to a student conduct administrator. The student conduct
administrator will review the case and decide whether the
case will be handled through an administrative hearing or
a student conduct review board hearing. In some cases, the student conduct administrator may offer the students involved in an incident the opportunity to substitute a student
conduct hearing with a student conduct conference or residence
hall policy violation conference (described below).

A respondent refers to the student who has been charged
with a violation of university policy. A complainant refers to
any person who reports an alleged policy violation.
The respondent(s), victim(s), complainants and witness(es)
identified in the incident report will be notified and will be
asked to appear at the hearing. All parties will be asked
to provide written and/or verbal testimony and to explain
what happened. A determination of responsibility will be
based on the evidence presented at the hearing. The standard
used to determine responsibility is a preponderance
of the evidence, whether it is “more likely than not” that
the respondent has violated the policy.

This hearing shall follow the procedures outlined in Section
III.H. During the hearing, a respondent will have certain
rights and responsibilities. (These are described in Section
III.H. 2.) An electronic or other verbatim record shall be
made of all board and administrative hearings.

In board hearings, the board will submit its recommendations
to a student conduct administrator. At the conclusion
of the hearing process, a respondent will have the right to
appeal the disciplinary decision based on the criteria listed
in Section III.I.

B. Notification

The respondent will be notified by the student conduct
administrator at least three working days before the
hearing of the date, time, location and nature of the
hearing, including a description of the specific standards
of conduct alleged to have been violated. The respondent
may request a delay of up to five working days for
the start of the hearing. (The procedure is described in
Section III.H.3.) The first decision on the hearing date
and location of a delayed hearing will be decided by the
student conduct administrator. All communications to
the student may be verbal but must subsequently be
confirmed in writing.

The written hearing notification may be sent to the student’s
residence or may be communicated to the student
via email to the student’s Marquette email account.
Students are expected to check their email on a frequent
and consistent basis and act in a timely manner
as outlined in the official use of email to communicate
with students policy. (See Policy on Official Use of E-mail to Communicate With Students.)

C. Administrative Hearing

An administrative hearing is a formal hearing conducted by
one (or two) student conduct administrators. The student
conduct administrator(s) will review all of the evidence,
decide responsibility and assign or recommend a disciplinary
action as appropriate. The administrative hearing will
follow the procedures outlined in Section III.H.

D. Student Conduct Review Board Hearing

The student conduct review board will conduct a formal
hearing on all cases assigned to it for the purposes of
reviewing the evidence and recommending a finding
of responsibility and disciplinary actions to the student
conduct administrator. The non-voting board chairperson
will arrange for the hearing, chair the session(s), and
develop a written statement of the findings and recommended
action(s) from the student conduct review board.
The board hearing will follow the procedures outlined in
Section III.H. The respondent has the option of requesting
that an administrative hearing be scheduled in place of the
board hearing to resolve the case, if this request is made
at least one working day before the start of a scheduled
board hearing.

E. Student Conduct Conference

The student conduct administrator may offer the student(s)
involved in an incident the opportunity to substitute a
student conduct conference for a student conduct hearing.
The student conduct conference can only take place
if there is no victim in the incident, if the respondent
accepts responsibility for the inappropriate behavior, and
if the respondent elects the option of a student conduct
conference and waives the right to a student conduct
hearing. A student conduct conference involves the following
elements: It replaces a conduct hearing; is not taped;
usually does not involve in-person witness testimony; and
can lead to the imposition of disciplinary action for inappropriate
behavior. Following the conference, the student conduct
administrator will determine appropriate disciplinary
action (with consultation as appropriate) and communicate
the action to the student in writing within five working
days following the conduct conference.

F. Residence Hall Policy Violation Conference

When a residence hall student appears to have violated
residence hall policy, the student’s hall director will contact
the student within two days of the incident to discuss the
incident. After discussion, the hall director will determine
whether the student was responsible or not for the alleged
violation and whether any disciplinary actions (e.g., restriction
on visitation privileges) will be assigned. Information
relating to this incident will be kept on file and may be considered if subsequent violations occur. Noncompliance with assigned disciplinary actions will result in further and
formal conduct proceedings.

G. Organizational Hearing

An organizational hearing is a formal hearing conducted by
one or more student conduct administrators. This type of
hearing is conducted when there is a violation of the standards
of conduct on premises owned, rented or operated
by the organization; during an organization event; in any
situation sponsored or endorsed by the organization; or in
any event an observer would associate with the organization.
The student conduct administrator(s) will review all
of the evidence and decide responsibility or non-responsibility.
If there is a decision of responsibility, the conduct
administrator(s) will then assign or recommend a disciplinary
action for the organization and/or individual member(s),
as appropriate. An organizational hearing differs from an
administrative hearing in that (1) the organization’s adviser
(faculty, administrative, staff, alumni or other) is invited to
attend the hearing; (2) the organization’s president and executive
officers will usually officially represent the organization
at the hearing, although additional officers and/or members
of the organization may be invited to the hearing; and (3)
the organization will be asked to submit a written statement
about the incident and its members’ involvement that will
be used during the hearing. Otherwise, the organizational
hearing will follow the procedures outlined in Section III.H.

H. Student Conduct Hearing Procedures

This section describes the format of the hearing and the
rights of the respondent in a hearing process. It also
includes information about witnesses, student conduct
assistants, the respondent’s adviser, the decision-making
process and the communication process.

Hearing Format

An electronic or other verbatim record will be made
of all hearings. This record will be retained for one
month following the hearing or until the conclusion of
any appeal process, whichever is longer. The record
will then be destroyed, except in cases of suspension
and expulsion, when the electronic record shall be
retained with the student’s record.

At the beginning of the hearing, the respondent will
be introduced to others who are present. The respondent
will be informed of standards alleged to have
been violated and will be advised that he/she has
rights specified in Section III.H.2.

The student conduct administrator will read the
incident report and ask the respondent to respond.

The complainant/victim will be asked to describe
what happened, and the respondent will have the
opportunity to respond.

Witnesses will be asked to describe what happened,
and the respondent will have a chance to respond.

All communication between the respondent, complainant,
victim and witnesses will be directed to the

student conduct administrator/board chairperson. The
student conduct administrator/board chairperson will
decide which questions to ask of each person.

The student conduct administrator/board chairperson
may reasonably limit the scope and time devoted to
each matter or item of discussion during hearings, as
well as the number of persons testifying.

The student conduct administrator/board chairperson
will decide the order of witnesses and when the complainant
and witnesses will be in the hearing room.

The student conduct administrator/board chairperson
and/or members of the student conduct review board
may ask questions of any respondent, complainant or
witness during the hearing.

At the conclusion of the hearing, the respondent,
complainant, advisers and witnesses will be asked to
leave the room. These individuals will not be present
during the deliberations of a student conduct administrator
or student conduct review board.

Student Rights
In the hearing notification letter and again at the beginning
of the hearing, the respondent will be advised that he/she
has the rights listed below. Students with any questions
about their rights are encouraged to contact a student
conduct assistant.

The student is entitled to be present throughout the
hearing but not during the deliberation of the student
conduct administrator or student conduct review board.

The student is entitled to remain silent (i.e., not to testify
against him/herself), but must be informed that if
silence is maintained, the case will be decided on the
evidence presented.

The student may object to a member of a student
conduct review board for reasons of official or personal
conflict of interest.

The student is entitled to know all evidence and testimony
presented against him/herself and to view pertinent
materials supporting the case against him/herself.

The student is entitled to present pertinent evidence
and the testimony of witnesses to substantiate his/her
case and to comment upon and respond to the charges
against him/herself.

The student is entitled to make a written appeal of the
disciplinary decision within five working days of the date
of notification of that decision. University disciplinary
actions are appealed to the dean of students.

Attendance
All disciplinary hearings will be closed to everyone except
those persons specifically provided for in this procedure or
persons whose presence at the hearing is authorized by
the student conduct administrator.

A student who cannot attend the hearing scheduled for
consideration of his/her case must submit a written statement
to the student conduct administrator stating the
reasons for the conflict and requesting a new hearing
date. This statement must be presented to the student
conduct administrator not fewer than two working days
before the beginning of the hearing. At the discretion of
the student conduct administrator, the hearing may be
rescheduled. Only one change of hearing date and time
may be granted.

If a student fails to attend a scheduled hearing, the hearing
may proceed in the absence of the respondent. Such an
absence will not be considered grounds for an appeal.
Where two or more cases involving common occurrences
or the same student(s) are pending simultaneously, the
student conduct administrator may decide to consolidate
the hearing of such cases or hear them separately.

Witnesses
The respondent is responsible for arranging for witnesses
testifying on his/her behalf to appear at the hearing.
Victims, complainants and the student conduct administrator
may also invite witnesses to appear at the hearing. In
the exceptional event that a witness is unable to attend
the hearing, the witness may write or record a statement
and discuss the statement with the student conduct
administrator before the scheduled hearing. The student
conduct administrator is to be notified by the respondent,
victims, complainants or witnesses not less than one (1)
working day before the hearing of those persons intending
to provide testimony, whether in person or in writing. The
student conduct administrator/board chairperson may
reasonably limit the scope and time devoted to witness
statements. Witnesses are typically asked to comment
only on the event(s) pertinent to the charges, not the
character of the respondent(s).

Evidence
In all cases, the procedures will not be subject to limiting
rules of evidence. Evidence will consist of oral and written
testimony, incident reports and any other material directly
related to the incident. Other evidence may also be considered
and will consist of such things as secondhand
reports and circumstantial evidence. The student conduct
administrator/board chairperson may reasonably limit the
scope of evidence considered in the hearing.

Student Conduct Assistants
Student conduct assistants, who may be Marquette
students, faculty or staff, will be available to all students
involved in student conduct proceedings to provide information
about the conduct process and assist the student
in preparation for the conduct hearing.

Adviser
The respondent, a complainant in a sexual misconduct
case or any complainant who has received permission
from the student conduct administrator, may have one
adviser present at the hearing. If the student wants to have
an adviser present, the student must notify the student
conduct administrator of this fact in writing no later than
two (2) working days before the beginning of the hearing.
Advisers are normally members of the Marquette community
(e.g., current full-time students, faculty, staff). This
adviser serves as a support person and is intended to
be of direct assistance to the student before and during
the hearing. The adviser may not speak for the student or
address the student conduct administrator or the conduct
review board. If the adviser is an attorney, a law student
or a Law School faculty member, the case will be heard as
an administrative hearing and the conduct administrator
may reschedule the time and/or date of the hearing so that
Marquette University legal counsel may be present.

Substitution of Members/Quorum
If a member of the student conduct review board believes
that he/she is not qualified to serve on the board for
personal or official reasons, that member may disqualify
him/herself. A student whose case is before the board
may not object to the membership of the board except
for reasons of official or personal conflict of interest. The
board chairperson will determine the validity of such objections
and his/her determination shall be final. If necessary,
the board chairperson will replace the disqualified board
member with a substitute.

For the purpose of hearing any case that comes before the
board, the presence of five voting members shall constitute
a quorum. A decision agreed to by a majority of the sitting
board shall be the decision of the board.

Decisions and Communications
At the conclusion of the conduct hearing, the respondent
will be informed as to when the decision will be made and
communicated. Disciplinary decisions that result in positive
action, university warning or restitution will be made
by the student conduct administrator and communicated
to the respondent in writing within five (5) working days of
the conclusion of the hearing. All other disciplinary actions
will be made after consultation with and approval by the
administrators indicated below:

Disciplinary actions of limitation on activities, residence
life probation or termination of the housing contract will
be approved by the director of residence life for residence
hall cases and by the associate dean of students for
non-residence hall cases.

Disciplinary actions of university probation or suspension
will be approved by the associate dean of students or
dean of students.

Disciplinary actions of expulsion will be approved by the
associate dean of students or dean of students.

The official receiving the recommendation may accept or
lower the recommended disciplinary action. The final decision
will be communicated in writing to the respondent by
the student conduct administrator within five (5) working
days of the conclusion of the hearing. In the event that
the written notification is delayed, the respondent will be
notified of the delay and informed when the decision will
be communicated.

All communications to students will be transmitted in the
manner specified in the appropriate part of this procedure.
Individual circumstances may permit or require communication
by whatever means is necessary to reach the
student promptly and reliably. Following reasonable efforts
to deliver any communication to a student personally, an
indirect or substituted mode of delivery may be attempted.
Thus, any delay or failure to reach the student shall not
impair the procedure.

I. Appeals

Overview
Students found responsible for a violation of the standards
of conduct may request an appeal of the decision. Appeals
are not rehearings, and they are not granted on the basis
of disagreement with the original decision. The dean of
students (or designee) will determine if there are grounds to warrant
an appeal.

The bases of appeals include only the following:

There was a denial of a fair hearing.

There was insufficient evidence to establish responsibility.

There is new information available that was not available
at the time of the hearing which effects the disciplinary
decision.

Time Line
A student has five (5) working days after receipt of the
written notification of a disciplinary decision to file an
appeal with the Office of Student Development. Failure
to appeal within the five (5) working day period waives
the right to appeal. Disciplinary actions will not be implemented
while an appeal is under consideration unless
emergency action has been taken.

Documentation
The appeal must be in writing and must contain the following:

The completed Request for Appeal Form, which can
be obtained in the Office of Student Development,
AMU, Room 329.

A statement explaining in detail why the student is
contesting the findings or the action(s).

Copies of any documents that will substantiate or clarify
the appeal request.

Review of an Appeal Request
Within five (5) working days of the receipt of the material
pertinent to the appeal, the administrator hearing the
appeal will notify the student in writing of his/her decision
to 1) deny the request for an appeal, 2) to inform the student
of the outcome of an administrative appeal decision or 3) to accept the appeal for review and indicate the timeline in which it will be reviewed, if it requires more than 5 business days. If a delay occurs, or additional time is needed,
this administrator will notify the student of the delay.

Administrative Appeal
An administrative decision to grant or deny an appeal may be
made at the discretion of the administrator hearing the appeal.
This administrator may impose one of the following actions: